Monday, October 26, 2009

How does Social Security Figure out What you should pay Your Disability Attorney?

I recently came across a question I've not seen before. The question was "How does social security figure out how much you should pay your attorney if you get a monthly payment and not a lump sum?"

Well, let's start with how a disability attorney is paid in the first place for representation on a social security disability or SSI disability case.

1. There is no fee for representation that may be payable to a disability attorney or to a disability representative unless the case is won (bear in mind, however, when you sign your fee contract with your representative that there are usually expenses that the representative must be reimbursed for regardless of whether the case is won or lost).

2. The fee for representation is equal to 1/4 of the back pay benefits that a claimant is due to receive. However, the fee can never exceed a certain maximum amount. Prior to mid-2009, the maximum fee that a disability attorney or representative could receive was $5300.00; from mid-2009 forward, the maximum fee that could be received was raised to $6000.

Now, by listing these two pieces of information, we've answered the question of how the social security administration determines the amount of a fee that is payable to a disability attorney or representative.

Of course, if a person is awarded disability benefits and there are no back pay benefits, there will simply be no fee that can be paid to the disability attorney or disability representative.

However, in the vast majority of cases, back pay benefits are available. This is usually the case because disability cases that enter into the appeal process typically drag on for long periods, making back pay a given.

Return to the Social Security Disability SSI Benefits Blog

Other Posts

Overpayment owed to Social Security Administration
Social Security Disability Overpayment
When the Government stops your Social Security Disability Benefits
A Social Security Disability Check situation
Social Security Disability and Part Time Work
Social Security Disability SSI, Work, and the Unsuccessful Work Attempt
Review of a Social Security Disability Claim
Social Security Disability Ticket to Work Program
Working while collecting Social Security Disability or SSI



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